Fredenburg v. County of Santa Clara et al
Plaintiff: Matt Fredenburg and Kim Fredenburg
Defendant: Peter Prolo, City of Milpitas, County of Santa Clara, Officier Yamamura, Alicia Cortez, Yasmina Letona and Sharon Burgan
Interested Party: Helen Fredenburg
Case Number: 5:2007cv04412
Filed: August 27, 2007
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Paul Singh Grewal
Referring Judge: James Ware
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 17, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2011 Opinion or Order Filing 196 STIPULATION AND ORDER OF DISMISSAL. Signed by Judge James Ware on 6/17/11. (sis, COURT STAFF) (Filed on 6/17/2011)
June 15, 2011 Filing 195 STIPULATION of Dismissal by Matt Fredenburg. (Attachments: #1 Proposed Order)(Ingols, Dennis) (Filed on 6/15/2011)
June 6, 2011 Opinion or Order Filing 194 ORDER APPROVING MINORS COMPROMISE #190 . Signed by Judge James Ware on 6/6/11. (sis, COURT STAFF) (Filed on 6/6/2011) Modified on 6/14/2011 (sis, COURT STAFF).
May 5, 2011 Filing 193 Statement of Non-Opposition re #190 Ex Parte Petition for Approval of Minors' Compromise filed byCity of Milpitas, Peter Prolo. (Related document(s) #190 ) (Colwell, Kimberly) (Filed on 5/5/2011)
May 4, 2011 Opinion or Order Filing 192 ORDER re #190 Ex Parte Petition for Approval of Minors' Compromise filed by Helen Fredenburg, Matt Fredenburg. Signed by Judge James Ware on 5/4/11. (sis, COURT STAFF) (Filed on 5/4/2011)
May 3, 2011 Filing 191 Declaration of Robert R. Powell in Support of #190 Ex Parte Petition for Approval of Minors' Compromise filed byHelen Fredenburg, Matt Fredenburg. (Attachments: #1 Proposed Order)(Related document(s) #190 ) (Powell, Robert) (Filed on 5/3/2011)
May 2, 2011 Filing 190 Ex Parte for Approval of Minors' Compromise re: #188 filed by Helen Fredenburg, Matt Fredenburg. (Powell, Robert) (Filed on 5/2/2011) Modified on 5/2/2011 (cv, COURT STAFF).
April 8, 2011 Opinion or Order Filing 189 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. On or before June 10, 2011, the parties shall either file a Stipulated Dismissal to bring this case to a close or a Joint Case Management Statement updating the Court on the status of theirsettlement efforts. In the event that the parties require additional time to finalize their settlement, the parties shall specify the time required in their Joint Statement. Further, in light of the settlement, the Court vacates all presently scheduled trial dates. The Court will set further trial dates following the June 20 Conference, if necessary. Further Case Management Conference set for 6/20/2011 11:00 AM. Signed by Judge James Ware on 4/8/2011. (ecg, COURT STAFF) (Filed on 4/8/2011)
April 7, 2011 Filing 188 Notice of Settlement has been reached in this case between Plaintiffs and City of Milpitas and Officer Peter Prolo. (Ingols, Dennis) (Filed on 4/7/2011) Modified on 4/7/2011,(incorrect event selected.) (cv, COURT STAFF).
March 29, 2011 Opinion or Order Filing 187 STIPULATION AND ORDER Granting Dismissal as to County Defendants re #186 Stipulation. Defendants County of Santa Clara, Alicia Cortez, Sharon Burgan, and Yazmina Letona terminated. ***All Pretrial and Trial Deadlines terminated. Signed by Judge James Ware on 3/29/2011. (ecg, COURT STAFF) (Filed on 3/29/2011) Modified text on 3/31/2011 (ecg, COURT STAFF).
March 28, 2011 Filing 186 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL with prejudice pursuant to FRCP 41(a)(1) by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 3/28/2011) Modified on 4/4/2011 (cv, COURT STAFF).
March 15, 2011 Opinion or Order Filing 185 STIPULATION AND ORDER Granting Request to Move the Pre-Trial Filing Deadline re #184 Stipulation. The deadline for the pre-trial filings shall be moved to March 28, 2011 to allow for additional settlement efforts by the parties. All other deadlines remain unchanged. Signed by Judge James Ware on 3/14/2011. (ecg, COURT STAFF) (Filed on 3/15/2011)
March 11, 2011 Filing 184 STIPULATION and Proposed Order to Move the Pre-Trial Filing Deadline by City of Milpitas, Kim Fredenburg, Matt Fredenburg, Peter Prolo, Yamamura. (Colwell, Kimberly) (Filed on 3/11/2011)
March 8, 2011 Set/Reset Trial Management Order Deadlines:, Jury Selection set for 4/26/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. Final Pretrial Conference set for 4/11/2011 11:00 AM in Courtroom 5, 17th Floor, San Francisco. Pursuant to #183 Order (cv, COURT STAFF) (Filed on 3/8/2011)
March 8, 2011 Opinion or Order Filing 183 PRETRIAL CONFERENCE SCHEDULING ORDER - (JURY TRIAL). Joint Pretrial Conference Statement, In Limine Motions, and Proposed Jury Instructions Due 3/21/2011. Final Pretrial Conference set for 4/11/2011 11:00 AM. Jury Selection set for 4/26/2011 09:00 AM before Hon. James Ware. Jury Trial set for 4/26/2011 01:00 PM; 4/27/2011 through 4/29/2011 at 09:00 AM -12:00 PM; 01:00 PM - 04:00 PM; Argue and Submit 5/3/2011 09:00 AM; Jury Deliberations set for 5/3/2011 through 5/6/2011 in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 3/8/2011. (ecg, COURT STAFF) (Filed on 3/8/2011)
March 7, 2011 Filing 182 Minute Entry: Further Case Management Conference held on 3/7/2011 before Judge James Ware (Date Filed: 3/7/2011). Final Pretrial Conference set for 4/11/2011 11:00 AM. Jury Selection set for 4/26/2011 09:00 AM before Hon. James Ware. Jury Trial set for 4/26/2011 01:00 PM; 4/27/2011 through 4/29/2011 at 09:00 AM -12:00 PM; 01:00 PM - 04:00 PM; Argue and Submit 5/3/2011 09:00 AM; Jury Deliberations set for 5/3/2011 through 5/6/2011 in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. The Court to issue further Order following conference. (Court Reporter Unreported.) (ecg, COURT STAFF) (Date Filed: 3/7/2011)
February 28, 2011 Filing 181 JOINT CASE MANAGEMENT STATEMENT filed by Matt Fredenburg. (Powell, Robert) (Filed on 2/28/2011) Modified on 2/28/2011,(incorrect event selected.) (cv, COURT STAFF).
February 17, 2011 Filing 180 CLERKS NOTICE Setting Further Settlement Conference. Settlement Conference set for 3/29/2011 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 2/17/2011)
February 17, 2011 Filing 179 Minute Entry: Settlement Conference. Case settled as the County of Santa Clara defendants only. (Date Filed: 2/17/2011). (Court Reporter FTR.) (pmc, COURT STAFF) (Date Filed: 2/17/2011)
January 13, 2011 Filing 178 USCA Bill of Costs against Prolo in the of amount of $175.40. related document #176 (cv, COURT STAFF) (Filed on 1/13/2011) Modified on 1/14/2011 (cv, COURT STAFF).
January 13, 2011 Filing 177 CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 1/13/2011)
January 13, 2011 Filing 176 MANDATE of USCA ISSUED.(SR, MDH and NRS) Cost awarded to APPELLEE in the amount of $175.40. The judgment of this Court entered #175 USCA MEMORANDUM, TAKES EFFECT THIS DATE. as to #73 Notice of Appeal filed by City of Milpitas, Yamamura, Peter Prolo (cv, COURT STAFF) (Filed on 1/13/2011)
December 22, 2010 Filing 175 USCA Memorandum FILED (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) AFFIRMED. FILED AND ENTERED JUDGMENT.as to #73 Notice of Appeal filed by City of Milpitas, Yamamura, Peter Prolo (cv, COURT STAFF) (Filed on 12/22/2010)
December 7, 2010 Filing 174 NOTICE by Peter Prolo of Unavailability of Counsel (Hynes, Tricia) (Filed on 12/7/2010)
December 6, 2010 Case reassigned to Magistrate Judge Paul Singh Grewal for all discovery purposes. Magistrate Judge Patricia V. Trumbull no longer assigned to the case. (mpb, COURT STAFF) (Filed on 12/6/2010)
November 29, 2010 Filing 173 Receipt for Appeal Record re appeal #73 Notice of Appeal : (cv, COURT STAFF) (Filed on 11/29/2010)
November 17, 2010 Filing 172 Certified and Transmitted Record on Appeal to US Court of Appeals along with sealed exhibits re #73 Notice of Appeal (Attachments: #1 Supplement)(cv, COURT STAFF) (Filed on 11/17/2010)
November 10, 2010 Opinion or Order Filing 171 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 2/28/2011. Case Management Conference set for 3/7/2011 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/10/2010. (ecg, COURT STAFF) (Filed on 11/10/2010)
October 14, 2010 Filing 170 JOINT CASE MANAGEMENT STATEMENT ; Case Management Order [Proposed] filed by Peter Prolo. (Hynes, Tricia) (Filed on 10/14/2010)
October 14, 2010 Filing 169 CLERKS NOTICE of Settlement Conference and Order. Settlement Conference set for 2/17/2011 09:30 AM. before Magistrate Judge Howard R. Lloyd. (pmc, COURT STAFF) (Filed on 10/14/2010)
October 14, 2010 ***Deadlines terminated. #170 Joint Case Management Statement filed by Peter Prolo. (cv, COURT STAFF) (Filed on 10/14/2010)
September 24, 2010 Opinion or Order Filing 168 ORDER DENYING DEFENDANTS COUNTY AND LETONA'S MOTION FOR SUMMARY JUDGMENT; GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION; STAYING CASE PENDING NINTH CIRCUIT APPEAL by Judge James Ware denying #149 Motion for Summary Judgment; granting #152 Motion for Reconsideration. The Court STAYS this case pending resolution of Defendant Prolo's appeal. However, the parties shall proceed with their settlement conference before Magistrate Judge Lloyd as ordered by the Court following the September 20, 2009 Conference. The parties shall appear on November 15, 2010 at 10 a.m. for a Further Case Management Conference. On or before November 5, 2010, the parties shall submit a Joint Status Report summarizing the status of the appeal and the parties' respective positions on whether to lift the stay. Upon a decision from the Ninth Circuit as to Defendant Prolo's appeal, the Court will order Plaintiffs to file an amended pleading consistent with this Order and reopen discovery, if necessary. (jwlc1, COURT STAFF) (Filed on 9/24/2010) Modified text on 9/24/2010 (ecg, COURT STAFF).
September 21, 2010 Opinion or Order Filing 167 ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; REFERRING PARTIES TO MAGISTRATE JUDGE LLOYD FOR SETTLEMENT CONFERENCE. The parties are referred to Judge Lloyd for a Settlement Conference. On or before 10/1/2010, the parties shall contact Judge Lloyd's Chambers to schedule a conference. Joint Case Management Statement due by 11/15/2010. Further Case Management Conference set for 11/15/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/20/2010. (ecg, COURT STAFF) (Filed on 9/21/2010)
September 20, 2010 Filing 166 Minute Entry: Motion Hearing held on 9/20/2010 before Judge James Ware (Date Filed: 9/20/2010) re #152 MOTION for Reconsideration re #151 Clerks Notice MOTION for Reconsideration, #149 MOTION for Summary Judgment, Further Case Management Conference held on 9/20/2010 before Judge James Ware (Date Filed: 9/20/2010). The Court took the Motions under submission after oral argument. The Court to issue further Orders following hearing and case management conference. (Court Reporter Lee-Anne Shortridge.) (ecg, COURT STAFF) (Date Filed: 9/20/2010)
September 9, 2010 Filing 165 NOTICE by Peter Prolo of Unavailability of Counsel (Hynes, Tricia) (Filed on 9/9/2010)
September 9, 2010 Filing 164 JOINT CASE MANAGEMENT STATEMENT filed by Matt Fredenburg. (Powell, Robert) (Filed on 9/9/2010)
September 8, 2010 Filing 163 EXHIBITS re #160 Request for Judicial Notice, Exhibit J filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Related document(s) #160 ) (Kiniyalocts, Melissa) (Filed on 9/8/2010)
September 8, 2010 Opinion or Order Filing 162 ORDER Granting #156 Ex Parte Application to Seal. Signed by Judge James Ware on 9/8/2010. (ecg, COURT STAFF) (Filed on 9/8/2010)
September 7, 2010 Filing 161 CERTIFICATE OF SERVICE by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona re #160 Request for Judicial Notice, DOCUMENTS UNDER SEAL ONLY (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 7, 2010 Filing 160 Request for Judicial Notice re #159 Reply Memorandum filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q)(Related document(s) #159 ) (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 7, 2010 Filing 159 Reply Memorandum re #149 MOTION for Summary Judgment by Defendant Yazmina Letona; Memorandum of Points and Authorities filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 7, 2010 Filing 158 Proposed Order re #156 Ex Parte Application to File Documents Under Seal by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 7, 2010 Filing 157 Declaration of Melissa Kiniyalocts in Support of #156 Ex Parte Application to File Documents Under Seal filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit A)(Related document(s) #156 ) (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 7, 2010 Filing 156 Ex Parte Application to File Documents Under Seal filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 9/7/2010)
September 5, 2010 Filing 155 Reply to Opposition re #152 MOTION for Reconsideration re #151 Clerks Notice MOTION for Reconsideration re #151 Clerks Notice filed byMatt Fredenburg. (Powell, Robert) (Filed on 9/5/2010)
August 30, 2010 Filing 154 Memorandum in Opposition re #149 MOTION for Summary Judgment by Defendant Yazmina Letona; Memorandum of Points and Authorities filed byKim Fredenburg. (Attachments: #1 Affidavit Decl w/ Exhibits A-N)(Ingols, Dennis) (Filed on 8/30/2010)
August 30, 2010 Filing 153 Memorandum in Opposition re #152 MOTION for Reconsideration re #151 Clerks Notice MOTION for Reconsideration re #151 Clerks Notice filed byPeter Prolo. (Attachments: #1 Proposed Order)(Hynes, Tricia) (Filed on 8/30/2010)
August 17, 2010 Filing 152 MOTION for Reconsideration its #66 Order dismissing the City of Milpitas and Plaintiffs' claim of Monell liability against the City, the dismissal of the City of Milpitas was a clear error that should be corrected. filed by Matt Fredenburg. Motion Hearing set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Ingols, Dennis) (Filed on 8/17/2010) Modified on 8/17/2010 (cv, COURT STAFF). Modified on 8/17/2010 (cv, COURT STAFF).
August 16, 2010 Filing 151 CLERKS NOTICE re: Deficiency of docket #148. (cv, COURT STAFF) (Filed on 8/16/2010)
August 16, 2010 Filing 150 Declaration of DAVID M. ROLLO in Support of #149 MOTION for Summary Judgment by Defendant Yazmina Letona; Memorandum of Points and Authorities filed byYasmina Letona. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #149 ) (Rollo, David) (Filed on 8/16/2010)
August 16, 2010 Filing 149 MOTION for Summary Judgment by Defendant Yazmina Letona; Memorandum of Points and Authorities filed by Yasmina Letona. Motion Hearing set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Rollo, David) (Filed on 8/16/2010)
August 16, 2010 Filing 148 MEMORANDUM in support of #152 MOTION for Reconsideration Re: Monell Liability of Milpitas filed by Matt Fredenburg. Motion Hearing set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Ingols, Dennis) (Filed on 8/16/2010) Modified text on 8/16/2010,(counsel selected incorrect event, correct event to be used is memorandum not a motion.) Modified on 8/17/2010,(link to motion.) (cv, COURT STAFF).
June 16, 2010 Filing 147 NOTICE by Peter Prolo of Unavailability of Counsel (Hynes, Tricia) (Filed on 6/16/2010)
May 12, 2010 Opinion or Order Filing 146 ORDER Setting Hearing on Motion for Reconsideration. The Case Management Conference set for 5/17/2010 is VACATED. Plaintiff shall notice its Motion for Reconsideration of its Monell claim in accordance with the Federal Rules of Civil Procedure and the Local Rules of this Court Motion Hearing re Reconsideration Monell claim set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. The parties shall also appear for a hearing on County Defendants' Motion for Summary Judgment, as previously scheduled. Please see Order for further specifics. Signed by Judge James Ware on 5/12/2010. (ecg, COURT STAFF) (Filed on 5/12/2010)
April 28, 2010 Filing 145 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERNECE. Joint Case Management Statement due by 5/7/2010. Case Management Conference set for 5/17/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 4/28/2010)
April 27, 2010 Filing 144 JOINT CASE MANAGEMENT STATEMENT filed by Helen Fredenburg, Kim Fredenburg, Matt Fredenburg. (Powell, Robert) (Filed on 4/27/2010) Modified on 4/28/2010,(counsel selected incorrect event.) (cv, COURT STAFF).
April 27, 2010 Filing 143 Declaration of Robert R. Powell in Support of #46 Memorandum in Opposition, Supplemental filed byHelen Fredenburg, Kim Fredenburg, Matt Fredenburg. (Related document(s) #46 ) (Powell, Robert) (Filed on 4/27/2010)
April 26, 2010 Opinion or Order Filing 142 ORDER DENYING DEFENDANT PROLOS MOTION FOR RECONSIDERATION re #138 Motion for Reconsideration re #66 Order on Motion for Summary Judgment. On 5/3/ 2010 at 10:00 AM the parties shall appear for the previously set Case Management Conference. Signed by Judge James Ware on 4/26/2010 (jwlc3, COURT STAFF) (Filed on 4/26/2010) Modified text on 4/27/2010 (ecg, COURT STAFF).
April 26, 2010 Filing 141 Reply Memorandum re #138 MOTION for Reconsideration re #66 Order on Motion for Summary Judgment,,, MOTION for Reconsideration re #66 Order on Motion for Summary Judgment,,, filed byPeter Prolo. (Hynes, Tricia) (Filed on 4/26/2010)
April 20, 2010 Filing 140 NOTICE by Peter Prolo of Unavailability of Counsel (Hynes, Tricia) (Filed on 4/20/2010)
April 12, 2010 Filing 139 Memorandum in Opposition re #138 MOTION for Reconsideration re #66 Order on Motion for Summary Judgment,,, MOTION for Reconsideration re #66 Order on Motion for Summary Judgment,,, filed byHelen Fredenburg, Kim Fredenburg, Matt Fredenburg. (Ingols, Dennis) (Filed on 4/12/2010)
March 29, 2010 Filing 138 MOTION for Reconsideration re #66 Order on Motion for Summary Judgment,,, filed by Peter Prolo. Motion Hearing set for 5/3/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: #1 Notice, #2 Proposed Order)(Hynes, Tricia) (Filed on 3/29/2010)
February 26, 2010 Filing 137 CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 2/26/2010)
February 24, 2010 Filing 136 MANDATE of USCA as to #80 Notice of Appeal filed by Kim Fredenburg, Matt Fredenburg (cv, COURT STAFF) (Filed on 2/24/2010)
February 10, 2010 Set/Reset Deadlines: Discovery due by 6/3/2010. (ecg, COURT STAFF) (Filed on 2/10/2010)
February 10, 2010 Set Deadlines/Hearings: Motion Hearing set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Statement due by 9/10/2010. Case Management Conference set for 9/20/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 2/10/2010)
February 9, 2010 Opinion or Order Filing 135 ORDER by Judge James Ware granting #133 Ex Parte Application (jwlc1, COURT STAFF) (Filed on 2/9/2010)
February 1, 2010 Filing 134 Proposed Order re #133 Ex Parte Application to Modify Scheduling Order by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 2/1/2010)
February 1, 2010 Filing 133 Ex Parte Application to Modify Scheduling Order filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kiniyalocts, Melissa) (Filed on 2/1/2010)
January 27, 2010 Filing 132 NOTICE by Peter Prolo of Unavailability of Counsel (Hynes, Tricia) (Filed on 1/27/2010)
January 12, 2010 Opinion or Order Filing 131 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Patricia V. Trumbull for all further discovery matters. Judge Richard Seeborg no longer assigned to the case.Signed by The Executive Committee on 01/12/2010. (tsh, COURT STAFF) (Filed on 1/12/2010)
December 18, 2009 Filing 130 NOTICE by Peter Prolo (of Unavailability of Counsel) (Hynes, Tricia) (Filed on 12/18/2009)
December 11, 2009 Filing 129 CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 12/11/2009)
December 10, 2009 Opinion or Order Filing 126 ORDER DENYING PLAINTIFFS APPLICATION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT; LIFTING STAY IN CASE; SETTING BRIEFING SCHEDULEdenying #124 Motion for Reconsideration re #123 Order on Motion for Summary Judgment, Order on Motion to Strike (jwlc3, COURT STAFF) (Filed on 12/10/2009)
December 10, 2009 Set Deadlines/Hearings: Close of Discovery due by 3/4/2010. Motion Hearing set for 5/3/2010 09:00 AM. Proposed Pretrial Conference statement due by 4/23/2010. Further Case Management Conference set for 5/3/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 12/10/2009)
December 9, 2009 Opinion or Order Filing 128 ORDER of USCA filed (ALFRED T. GOODWIN, PAMELA ANN RYMER and RICHARD R. CLIFTON): The district courts order challenged in these appeals did not dispose of the action as to all claims and all parties and is not immediately appealable by appellants in appeal No. 09-16413. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981); see also Skoog v. County of Clackamas, 469 F.3d 1221, 1225 (9th Cir. 2006). Accordingly, appellees motion to dismiss appeal No. 09-16413 for lack of jurisdiction is granted. The opening brief in appeal No. 09-16396 has been filed; the answering brief is due January 12, 2010; the optional reply brief is due within 14 days after service of the answering brief. Appeal No. 09-16413 is DISMISSED.as to #80 Notice of Appeal filed by Kim Fredenburg, Matt Fredenburg (cv, COURT STAFF) (Filed on 12/9/2009)
December 9, 2009 Opinion or Order Filing 127 ORDER of USCA (ALFRED T. GOODWIN, PAMELA ANN RYMER and RICHARD R. CLIFTON): The district courts order challenged in these appeals did not dispose of the action as to all claims and all parties and is not immediately appealable by appellants in appeal No. 09-16413. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981); see also Skoog v. County of Clackamas, 469 F.3d 1221, 1225 (9th Cir. 2006). Accordingly, appellees motion to dismiss appeal No. 09-16413 for lack of jurisdiction is granted. The opening brief in appeal No. 09-16396 has been filed; the answering brief is due January 12, 2010; the optional reply brief is due within 14 days after service of the answering brief. Appeal No. 09-16413 is DISMISSED. as to #73 Notice of Appeal filed by City of Milpitas, Yamamura, Peter Prolo (cv, COURT STAFF) (Filed on 12/9/2009)
December 4, 2009 Filing 125 JOINT CASE MANAGEMENT STATEMENT filed by Peter Prolo. (Hynes, Tricia) (Filed on 12/4/2009)
November 11, 2009 Filing 124 Proposed MOTION for Reconsideration re #123 Order on Motion for Summary Judgment, Order on Motion to Strike filed by Helen Fredenburg, Kim Fredenburg, Matt Fredenburg. (Attachments: #1 Affidavit Declaration of Robert R. Powell [In Support] w/Exhibits)(Powell, Robert) (Filed on 11/11/2009)
November 4, 2009 Set Deadlines/Hearings: Joint Status Report due by 12/4/2009. Status Conference set for 12/14/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 11/4/2009)
November 4, 2009 Opinion or Order Filing 123 ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENTgranting #104 Motion for Summary Judgment; finding as moot #118 Motion to Strike (jwlc3, COURT STAFF) (Filed on 11/4/2009)
October 5, 2009 Filing 122 Minute Entry: Motion Hearing held on 10/5/2009 before Judge James Ware (Date Filed: 10/5/2009) re #104 MOTION for Summary Judgment. The Court took the matter under submission after oral argument. The Court to issue further Order. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 10/5/2009)
October 1, 2009 Opinion or Order Filing 120 ORDER Granting #119 Motion to Seal Document. Signed by Judge James Ware on 10/1/2009 (ecg, COURT STAFF) (Filed on 10/1/2009)
September 23, 2009 Filing 119 Ex Parte MOTION to Seal Document Exhibits F & G to Plaintiffs' Opposition to County Defendents' Motion for Summary Judgment filed by Matt Fredenburg. (Powell, Robert) (Filed on 9/23/2009)
September 21, 2009 Filing 118 MOTION to Strike Evidence Submitted in Support of Plaintiffs' Opposition to Motion for Summary Judgment filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 9/21/2009)
September 21, 2009 Filing 117 Reply to Opposition re #104 MOTION for Summary Judgment and Memorandum in support thereof filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 9/21/2009)
September 15, 2009 Filing 121 Memorandum in Opposition Exhibit F and G (UNDER SEAL) (cv, COURT STAFF) (Filed on 9/15/2009) Modified on 10/2/2009 (cv, COURT STAFF). Modified on 6/15/2015 (bwS, COURT STAFF). (Additional attachment(s) added on 12/1/2017: #1 121-2) (bwS, COURT STAFF).
September 15, 2009 Filing 116 Exhibits F & G (NOTIFICATION OF MANUAL FILING) (Ingols, Dennis) (Filed on 9/15/2009) Modified on 9/15/2009***(counsel used incorrect event. correct event to be used is Exhibit and pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF).
September 15, 2009 Received Document Exhibit G (Submitted) under seal. (cv, COURT STAFF) (Filed on 9/15/2009)
September 14, 2009 Filing 115 Memorandum in Opposition re #104 MOTION for Summary Judgment and Memorandum in support thereof filed by Matt Fredenburg. (Attachments: #1 Declaration of Dennis R. Ingols, with Exhibits F and G submitted under seal) Ingols, Dennis) (Filed on 9/14/2009) Modified on 9/15/2009 (cv, COURT STAFF).
September 3, 2009 Opinion or Order Filing 110 ORDER Granting #101 Motion to Seal. Signed by Judge James Ware on 9/3/2009. (ecg, COURT STAFF) (Filed on 9/3/2009)
September 1, 2009 Filing 114 EXHIBIT I AND J (UNDER SEAL) (cv, COURT STAFF) (Filed on 9/1/2009) Modified on 6/15/2015 (bwS, COURT STAFF). (bwS, COURT STAFF).
September 1, 2009 Filing 113 EXHIBIT G (UNDER SEAL) (cv, COURT STAFF) (Filed on 9/1/2009) Modified on 6/15/2015 (bwS, COURT STAFF). (bwS, COURT STAFF).
September 1, 2009 Filing 112 EXHIBIT B (UNDER SEAL) (cv, COURT STAFF) (Filed on 9/1/2009) Modified on 6/15/2015 (bwS, COURT STAFF). (bwS, COURT STAFF).
September 1, 2009 Filing 111 EXHIBIT A (UNDER SEAL) (cv, COURT STAFF) (Filed on 9/1/2009) Modified on 6/15/2015 (bwS, COURT STAFF). (bwS, COURT STAFF).
September 1, 2009 Received Document Exhibit A (submitted) under seal. (cv, COURT STAFF) (Filed on 9/1/2009)
September 1, 2009 Received Document Exhibit G (submitted) under seal.. (cv, COURT STAFF) (Filed on 9/1/2009)
September 1, 2009 Received Document Exhibit B (submitted) under seal.. (cv, COURT STAFF) (Filed on 9/1/2009)
September 1, 2009 Received Document Exhibit I & J (submitted) under seal.. (cv, COURT STAFF) (Filed on 9/1/2009)
August 31, 2009 Filing 109 Declaration of Renee Smylie in Support of #104 MOTION for Summary Judgment and Notice of Motion for Summary Judgment filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit L)(Related document(s) #104 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 108 Declaration of Lynne Miller in Support of #104 MOTION for Summary Judgment and Notice of Motion for Summary Judgment filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Related document(s) #104 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 107 Declaration of Yazmina Letona in Support of #104 MOTION for Summary Judgment and Notice of Motion for Summary Judgment filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit H, #2 Exhibit I & J)(Related document(s) #104 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 106 Declaration of Alicia Gonzales in Support of #104 MOTION for Summary Judgment filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit G (notification of manual filing)(Related document(s) #104 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009) Modified on 9/15/2009 (cv, COURT STAFF).
August 31, 2009 Filing 105 Declaration of Melissa Kiniyalocts in Support of #104 MOTION for Summary Judgment and Notice of Motion for Summary Judgment filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit A, #2 Exhibit B 1 of 2, #3 Exhibit B 2 of 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F part 1 of 4, #8 Exhibit F Part 2 of 4, #9 Exhibit F Part 3 of 4, #10 Exhibit F Part 4 of 4, #11 Exhibit K)(Related document(s) #104 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 104 MOTION for Summary Judgment and Memorandum in support thereof filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Kiniyalocts, Melissa) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF).
August 31, 2009 Filing 103 Proposed Order re #101 Ex Parte Application to File Documents in Support of Motion for Summary Judgment Under Seal by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 102 Declaration of Melissa Kiniyalocts in Support of #101 Ex Parte Application to File Documents in Support of Motion for Summary Judgment Under Seal filed bySharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Attachments: #1 Exhibit A)(Related document(s) #101 ) (Kiniyalocts, Melissa) (Filed on 8/31/2009)
August 31, 2009 Filing 101 MOTION to file documents Under Seal filed by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 8/31/2009) Modified on 8/31/2009,(counsel used incorrect event.) (cv, COURT STAFF).
August 4, 2009 Opinion or Order Filing 100 STIPULATION AND ORDER REGARDING STAY AND COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re #99 Stipulation, Finding as Moot #91 Motion to Stay. Signed by Judge James Ware (jwlc1, COURT STAFF) (Filed on 8/4/2009) Modified docket to create linkage on 8/4/2009 (ecg, COURT STAFF).
July 29, 2009 Opinion or Order Filing 99 STIPULATION AND ORDER RE STAY AND COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 7/29/2009)
July 27, 2009 Filing 98 Certificate of Record forwarded to USCA re appeal #73 Notice of Appeal, #76 Transcript Designation, #96 Transcript Designation and Ordering Form : Reporter's Transcript filed on 6/4/09 docket number #67 . (cv, COURT STAFF) (Filed on 7/27/2009)
July 27, 2009 Filing 97 *** FILED IN ERROR *** STIPULATED PROTECTIVE ORDER (rslc1, COURT STAFF) (Filed on 7/27/2009) Modified on 7/27/2009 (rslc1, COURT STAFF).
July 27, 2009 Filing 96 Transcript Designation and Ordering Form for proceedings held on April 13, 2009 before Judge James Ware, (Hynes, Tricia) (Filed on 7/27/2009)
July 24, 2009 Opinion or Order Filing 95 ORDER RE: #89 GRANTING DEFENDANT SHARON BURGAN'S REQUEST TO BE EXCUSED FROM SETTLEMENT CONFERENCE. (rslc2, COURT STAFF) (Filed on 7/24/2009)
July 21, 2009 Filing 94 Proposed Order re #91 MOTION to Stay Proceedings Pending Appeal by Peter Prolo. (Hynes, Tricia) (Filed on 7/21/2009)
July 21, 2009 Filing 93 Declaration of Tricia L. Hynes in Support of #91 MOTION to Stay Proceedings Pending Appeal filed byPeter Prolo. (Related document(s) #91 ) (Hynes, Tricia) (Filed on 7/21/2009)
July 21, 2009 Filing 92 NOTICE by Peter Prolo re #91 MOTION to Stay Proceedings Pending Appeal (Hynes, Tricia) (Filed on 7/21/2009)
July 21, 2009 Filing 91 MOTION to Stay Proceedings Pending Appeal filed by Peter Prolo. (Hynes, Tricia) (Filed on 7/21/2009)
July 20, 2009 Filing 90 Proposed Order re #89 Letter requesting that Defendant Sharon Burgan be excused from the July 30, 2009 Settlement Conference by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 7/20/2009)
July 20, 2009 Filing 89 Letter from Melissa Kiniyalocts. (Kiniyalocts, Melissa) (Filed on 7/20/2009)
July 15, 2009 Opinion or Order Filing 88 ORDER Granting #84 Motion to Shorten Time. Motion due by 7/22/2009. Opposition due 7/29/2009. Reply due 8/5/2009. The Court will take the motion under submission without oral argument. Signed by Judge James Ware on 7/15/2009. (jwlc1, COURT STAFF) (Filed on 7/15/2009) Modified docket text on 7/16/2009 (ecg, COURT STAFF).
July 9, 2009 Filing 86 Proposed Order re #84 MOTION to Shorten Time Notice and Application to Hear City of Milpitas Police Officer Peter Prolo's Motion to Stay Proceedings Pending Appeal by Peter Prolo. (Hynes, Tricia) (Filed on 7/9/2009)
July 9, 2009 Filing 85 Declaration of Tricia L. Hynes in Support of #84 MOTION to Shorten Time Notice and Application to Hear City of Milpitas Police Officer Peter Prolo's Motion to Stay Proceedings Pending Appeal filed byPeter Prolo. (Attachments: #1 Exhibit 1-7)(Related document(s) #84 ) (Hynes, Tricia) (Filed on 7/9/2009)
July 9, 2009 Filing 84 MOTION to Shorten Time to Hear City of Milpitas Police Officer Peter Prolo's Motion to Stay Proceedings Pending Appeal filed by Peter Prolo. (Attachments: #1 Exhibit A)(Hynes, Tricia) (Filed on 7/9/2009) Modified on 7/9/2009 (cv, COURT STAFF).
July 7, 2009 Filing 87 USCA Case Number 09-16413 9th Circuit Court of Appeals for #80 Notice of Appeal filed by Kim Fredenburg, Matt Fredenburg. (cv, COURT STAFF) (Filed on 7/7/2009)
July 7, 2009 Filing 83 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #80 Notice of Appeal (cv, COURT STAFF) (Filed on 7/7/2009)
July 6, 2009 Filing 82 RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by Kim Fredenburg, Matt Fredenburg re #80 Notice of Appeal (cv, COURT STAFF) (Filed on 7/6/2009)
July 6, 2009 Filing 81 Statement of Representation re #80 Notice of Appeal : (cv, COURT STAFF) (Filed on 7/6/2009) (cv, COURT STAFF).
July 6, 2009 Filing 80 NOTICE OF APPEAL as to #66 Order on Motion for Summary Judgment, by Kim Fredenburg, Matt Fredenburg. Filing fee $ 455. Appeal Record due by 8/5/2009. (cv, COURT STAFF) (Filed on 7/6/2009)
July 6, 2009 Filing 79 USCA Case Number 09-16396 9th Circuit Court of Appeals for #73 Notice of Appeal filed by City of Milpitas, Yamamura, Peter Prolo. (cv, COURT STAFF) (Filed on 7/6/2009)
July 2, 2009 Filing 78 EXHIBITS re #74 Civil Appeals Docketing Statement to USCA (Attachment; Service List) filed byCity of Milpitas, Peter Prolo, Yamamura. (Related document(s) #74 ) (Hynes, Tricia) (Filed on 7/2/2009)
July 2, 2009 Filing 77 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #73 Notice of Appeal (cv, COURT STAFF) (Filed on 7/2/2009)
June 26, 2009 Filing 76 Designation of transcript for hearing date of 4/13/09 on re #73 Notice of Appeal : (cv, COURT STAFF) (Filed on 6/26/2009) Modified on 7/27/2009 (cv, COURT STAFF).
June 26, 2009 Filing 75 Statement of representation re #73 Notice of Appeal : (cv, COURT STAFF) (Filed on 6/26/2009)
June 26, 2009 Filing 74 RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by City of Milpitas, Peter Prolo, Yamamura re #73 Notice of Appeal (cv, COURT STAFF) (Filed on 6/26/2009)
June 26, 2009 Filing 73 NOTICE OF APPEAL as to #66 Order on Motion for Summary Judgment, by City of Milpitas, Peter Prolo, Yamamura. Filing fee $ 455. Appeal Record due by 7/27/2009. (cv, COURT STAFF) (Filed on 6/26/2009)
June 25, 2009 Opinion or Order Filing 72 STIPULATION AND ORDER REGARDING HEARING ON COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re #70 Stipulation. The parties shall adhere to the briefing schedule as set forth in the Court's Civil Local Rules. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 6/25/2009. (ecg, COURT STAFF) (Filed on 6/25/2009)
June 25, 2009 Opinion or Order Filing 71 ORDER Granting in Part and Denying in Part #69 Motion for Leave to File. Signed by Judge James Ware on 6/25/2009 (jwlc2, COURT STAFF) (Filed on 6/25/2009) Modified docket text/relationship on 6/25/2009 (x2)(ecg, COURT STAFF).
June 25, 2009 Set/Reset Hearings: pursuant to #71 Order. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 6/25/2009)
June 24, 2009 Opinion or Order Filing 70 STIPULATION AND ORDER REGARDING HEARING ON COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Sharon Burgan, Alicia Cortez, County of Santa Clara, Yasmina Letona. (Kiniyalocts, Melissa) (Filed on 6/24/2009)
June 12, 2009 Filing 69 MOTION for Leave to File Motion for Reconsideration filed by Matt Fredenburg. (Attachments: #1 Affidavit Declaration of Robert R. Powell with Exhibit A)(Powell, Robert) (Filed on 6/12/2009)
June 11, 2009 Filing 68 CLERKS NOTICE: Settlement Conference originally set for 7/31/09 now re-scheduled for 7/30/2009 09:30 AM. (rslc2, COURT STAFF) (Filed on 6/11/2009)
June 4, 2009 Filing 67 Transcript of Proceedings held on 04/13/09, before Judge Ware. Court Reporter/Transcriber Irene L. Rodriguez, Telephone number (408)947-8160. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 6/22/2009. Redacted Transcript Deadline set for 7/2/2009. Release of Transcript Restriction set for 8/31/2009. (Rodriguez, Irene) (Filed on 6/4/2009)
June 4, 2009 Opinion or Order Filing 66 ORDER by Judge James Ware granting in part and denying in part #38 Motion for Summary Judgment; denying #55 Motion for Summary Judgment. The Court DISMISSES defendants Yamamura and City of Milpitas (jwlc2, COURT STAFF) (Filed on 6/4/2009) Modified text on 7/7/2009 (cv, COURT STAFF).
May 22, 2009 Opinion or Order Filing 65 STIPULATION AND ORDER AS MODIFIED BY THE COURT TO MODIFY SCHEDULING ORDER DEADLINES re #63 Stipulation. Close of All Discovery due by 8/31/2009. Preliminary Pretrial Conference statement due 8/21/2009. Preliminary Pretrial Conference set for 8/31/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/21/2009. (ecg, COURT STAFF) (Filed on 5/22/2009)
May 22, 2009 Filing 64 Reply to Opposition re #55 MOTION for Summary Judgment Adjudication Against Defendant Prolo filed byMatt Fredenburg. (Ingols, Dennis) (Filed on 5/22/2009)
May 20, 2009 Opinion or Order Filing 63 STIPULATION AND ORDER TO MODIFY SCHEDULE by County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan. (Kiniyalocts, Melissa) (Filed on 5/20/2009)
May 18, 2009 Filing 62 Memorandum in Opposition re #55 MOTION for Summary Judgment Adjudication Against Defendant Prolo filed byPeter Prolo, Yamamura, City of Milpitas. (Attachments: #1 Declaration of Kevin E. Gilbert in Opposition, #2 Exhibit A-D, #3 Exhibit E-H)(Gilbert, Kevin) (Filed on 5/18/2009)
April 27, 2009 Opinion or Order Filing 61 Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 7/31/2009 09:30 AM. Signed by Magistrate Judge Richard Seeborg on 4/27/09. (rslc2, COURT STAFF) (Filed on 4/27/2009)
April 23, 2009 Opinion or Order Filing 60 STIPULATION AND ORDER Granting Continuance of Hearing from 5/18/2009 to 6/8/2009 re #59 Stipulation. Set/Reset Deadlines as to #55 MOTION for Summary Judgment Adjudication Against Defendant Prolo. Motion Hearing set for 6/8/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 4/23/2009. (ecg, COURT STAFF) (Filed on 4/23/2009)
April 20, 2009 Filing 59 STIPULATION to Continue Plaintiff's Motion for Summary Judgment; [Proposed] Order by Peter Prolo, Yamamura, Kim Fredenburg, Matt Fredenburg, City of Milpitas. (Attachments: #1 Proposed Order)(Gilbert, Kevin) (Filed on 4/20/2009)
April 13, 2009 Filing 58 Minute Entry: Motion Hearing held on 4/13/2009 before Judge James Ware (Date Filed: 4/13/2009) re #38 MOTION for Summary Judgment. Matter submitted; Court to issue further Order. (Court Reporter Irene Rodrgiuez.) (ecg, COURT STAFF) (Date Filed: 4/13/2009)
April 13, 2009 Filing 57 Statement re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues Re: Plaintiffs' Supplemental Citation After Oral Argument by Matt Fredenburg. (Powell, Robert) (Filed on 4/13/2009)
April 9, 2009 Filing 56 NOTICE by Peter Prolo, Yamamura, City of Milpitas of Unavailability of Counsel (Hynes, Tricia) (Filed on 4/9/2009)
April 7, 2009 Filing 55 MOTION for Summary Judgment Adjudication Against Defendant Prolo filed by Matt Fredenburg. Motion Hearing set for 5/18/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: #1 Memorandum of Points and Authorities, #2 Affidavit Declaration of Robert R. Powell in Support of #3 Exibits to Declaration of Robert R. Powell (Powell, Robert) (Filed on 4/7/2009) Modified on 4/8/2009 (cv, COURT STAFF).
April 2, 2009 Opinion or Order Filing 54 ORDER by Judge James Ware denying #45 Ex Parte Application (jwlc2, COURT STAFF) (Filed on 4/2/2009)
April 2, 2009 Opinion or Order Filing 53 ORDER Granting #49 Motion to Seal. Signed by Judge James Ware on 4/2/2009. (ecg, COURT STAFF) (Filed on 4/2/2009)
April 1, 2009 Filing 52 NOTICE by County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan NOTICE OF UNAVAILABILITY (Kiniyalocts, Melissa) (Filed on 4/1/2009)
March 30, 2009 Filing 51 Reply in support of #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues filed by Peter Prolo, Yamamura, City of Milpitas. (Attachments: #1 Objections to Plaintiffs' Proffered Evidence)(Gilbert, Kevin) (Filed on 3/30/2009) Modified on 3/31/2009,(counsel used incorrect event.) (cv, COURT STAFF).
March 23, 2009 Filing 50 NOTICE by Peter Prolo, Yamamura, City of Milpitas of Unavailability of Counsel (Hynes, Tricia) (Filed on 3/23/2009)
March 23, 2009 Filing 49 MOTION to Seal Exhibit G - DVD filed by Kim Fredenburg, Matt Fredenburg. (Attachments: #1 Proposed Order Granting Ex Parte Re File Exhibit Under Seal)(Ingols, Dennis) (Filed on 3/23/2009) Modified on 3/24/2009,(counsel used incorrect event.) (cv, COURT STAFF).
March 18, 2009 Filing 48 OBJECTIONS to re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues Objections to Evidence by Kim Fredenburg, Matt Fredenburg. (Powell, Robert) (Filed on 3/18/2009)
March 18, 2009 Filing 47 Memorandum in Opposition re #45 Ex Parte Application re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues for Order Noticing Defendants City of Milpitas, et al, Re: Sua Sponte Review of Summary Judgment in Favor of Plaintiffs Ex Parte Application re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues for Order Noticing Defendants City of Milpitas, et al, Re: Sua Sponte Review of Summary Judgment in Favor of Plaintiffs filed byPeter Prolo, Yamamura, City of Milpitas. (Gilbert, Kevin) (Filed on 3/18/2009)
March 17, 2009 Filing 46 Memorandum in Opposition re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues filed byKim Fredenburg, Matt Fredenburg. (Attachments: #1 Affidavit Declaration of Robert R. Powell In Support of Opposition to Defendants' City of Milpitas, et al,'s MSJ, #2 Exhibit A-F to Declaration of Robert R. Powell)(Powell, Robert) (Filed on 3/17/2009)
March 17, 2009 Filing 45 Ex Parte Application re #38 MOTION for Summary Judgment or, in the Alternative,MOTION for Summary Adjudication of Issues for Order Noticing Defendants City of Milpitas, et al, Re: Sua Sponte Review of Summary Judgment in Favor of Plaintiffs and Briefing Schedule filed by Kim Fredenburg, Matt Fredenburg. (Attachments: #1 Affidavit Declaration of Robert R. Powell in Support of Ex Parte, #2 Proposed Order)(Powell, Robert) (Filed on 3/17/2009)
March 13, 2009 Opinion or Order Filing 44 ORDER by Judge James Ware denying #39 Ex Parte Application (jwlc2, COURT STAFF) (Filed on 3/13/2009)
March 12, 2009 Filing 43 ASSOCIATION of Counsel by Peter Prolo, Yamamura, City of Milpitas. (Colwell, Kimberly) (Filed on 3/12/2009)
March 11, 2009 Filing 42 Memorandum in Opposition re #39 Ex Parte Application FOR ORDERS COMBINING SUMMARY JUDGEMENT/ADJUDICATION MOTIONS PURSUANT TO L.R. 6-3 AND 7-11 and Declaration of Kevin E. Gilbert in Opposition filed byPeter Prolo, Yamamura, City of Milpitas. (Gilbert, Kevin) (Filed on 3/11/2009)
March 10, 2009 Filing 41 Proposed Order re #39 Ex Parte Application FOR ORDERS COMBINING SUMMARY JUDGEMENT/ADJUDICATION MOTIONS PURSUANT TO L.R. 6-3 AND 7-11 by Kim Fredenburg, Matt Fredenburg. (Powell, Robert) (Filed on 3/10/2009)
March 10, 2009 Filing 40 Declaration of Robert R. Powell in Support of #39 Ex Parte Application FOR ORDERS COMBINING SUMMARY JUDGEMENT/ADJUDICATION MOTIONS PURSUANT TO L.R. 6-3 AND 7-11 filed byKim Fredenburg, Matt Fredenburg. (Related document(s) #39 ) (Powell, Robert) (Filed on 3/10/2009)
March 10, 2009 Filing 39 Ex Parte Application FOR ORDERS COMBINING SUMMARY JUDGEMENT/ADJUDICATION MOTIONS PURSUANT TO L.R. 6-3 AND 7-11 filed by Kim Fredenburg, Matt Fredenburg. (Powell, Robert) (Filed on 3/10/2009)
March 2, 2009 Filing 38 MOTION for Summary Judgment or, in the Alternative, MOTION for Summary Adjudication of Issues filed by Peter Prolo, Yamamura, City of Milpitas. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kevin E. Gilbert, #3 Exhibit A-C to Gilbert Dec, #4 Exhibit D-F to Gilbert Dec, #5 Exhibit G-H to Gilbert Dec)(Gilbert, Kevin) (Filed on 3/2/2009) Modified on 3/3/2009,(counsel failed to select multiple motions.) (cv, COURT STAFF).
December 10, 2008 Opinion or Order Filing 37 MODIFIED SCHEDULING ORDER re #35 Stipulation, #36 Preliminary Pretrial Statement: The Case Management Conference set for 12/15/2008 is VACATED. the parties shall adhere to the new case schedule as follows: Close of All Discovery due by 7/13/2009. Last Date to Hear Dispostive Motions by 9/14/2009 at9:00 AM. Joint Pretrial Statement due 6/5/2009. Preliminary Pretrial Conference set for 6/15/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 12/10/2008. (ecg, COURT STAFF) (Filed on 12/10/2008)
December 5, 2008 Filing 36 Preliminary PRETRIAL and Trial Setting Conference Statement and [Proposed] Order.filed by County of Santa Clara, A. Cortez, Y. Letona, and S. Burgan (Rollo, David) (Filed on 12/5/2008) Modified text on 12/5/2008 (cv, COURT STAFF).
November 24, 2008 Filing 35 STIPULATION and [Proposed] Order Requesting Vacating #29 Scheduling Order and Resetting Case Schedule. The Parties will appear for a Further Case Management Conference on 12/15/09 at 10:00am. (L.R. 6-2) by County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan. (Rollo, David) (Filed on 11/24/2008) Modified on 11/24/2008 (cv, COURT STAFF).
September 30, 2008 Filing 34 NOTICE by Peter Prolo, Yamamura, City of Milpitas of Unavailability of Counsel (Hynes, Tricia) (Filed on 9/30/2008)
September 24, 2008 Filing 33 NOTICE of Appearance by David Michael Rollo (Rollo, David) (Filed on 9/24/2008)
August 19, 2008 Filing 32 Proposed Order #31 Re: Requests For Admission Not Admitted by Matt Fredenburg. (Powell, Robert) (Filed on 8/19/2008) Modified on 8/20/2008,(link) (cv, COURT STAFF).
August 19, 2008 Filing 31 STIPULATION Re: Request for Admissions Not Admitted by Matt Fredenburg. (Powell, Robert) (Filed on 8/19/2008)
March 21, 2008 Opinion or Order Filing 30 ORDER by Judge James Ware granting #25 Motion to Appoint ad Litem. (jwlc1, COURT STAFF) (Filed on 3/21/2008)
March 18, 2008 Opinion or Order Filing 29 ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; REFERRING CASE to Magistrate Judge Richard Seeborg for Settlement. The parties are to contact Judge Seeborg's chambers to schedule a settlement conference. Close of all Discovery due by 1/26/2009. Last Date to Hear Dispositive Motions due by 3/30/2009. Preliminary Pretrial Conference set for 12/15/2008 11:00AM in Courtroom 8, 4th Floor, San Jose. ***None of the dates set in this order may be changed without an order of the Court made after a motion is filed. Please see Order for further specifics. Signed by Judge James Ware on 3/18/2008. (ecg, COURT STAFF) (Filed on 3/18/2008) Modified on 11/24/2008 (cv, COURT STAFF).
March 17, 2008 Filing 28 Minute Entry: Initial Case Management Conference held on 3/17/2008 before Judge James Ware (Date Filed: 3/17/2008). Close of all Discovery due by 1/26/2009. Last Date to Hear Dispositive Motions due by 3/30/2009. Pretrial Conference set for 12/15/2008 11:00 AM in Courtroom 8, 4th Floor, San Jose. The Court to issue further order following case management conference.(Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 3/17/2008)
March 14, 2008 Filing 27 CERTIFICATION OF MEDIATION Session by Mediator, James Hodgkins; Mediation session held 3/3/2008; Case didn't settle; Mediation process continues. (cmf, COURT STAFF) (Filed on 3/14/2008)
March 3, 2008 Filing 26 JOINT CASE MANAGEMENT STATEMENT filed by Matt Fredenburg. (Powell, Robert) (Filed on 3/3/2008)
March 3, 2008 Filing 25 MOTION to Appoint Guardian ad Litem filed by Matt Fredenburg. (Attachments: #1 Signature Page (Declarations/Stipulations) Declaration of Helen Fredenburg and Statement of Consent to Appointment as Guardian Ad Litem)(Ingols, Dennis) (Filed on 3/3/2008)
February 25, 2008 Filing 24 ASSOCIATION of Counsel by Plaintiffs by Kim Fredenburg. (Powell, Robert) (Filed on 2/25/2008)
February 14, 2008 Opinion or Order Filing 23 ORDER GRANTING DEFENDANTS' REQUEST TO BE EXCUSED FROM MEDIATION. Signed by Judge Wayne D. Brazil on 2/13/2008. (wdblc1, COURT STAFF) (Filed on 2/14/2008)
February 12, 2008 Filing 22 Proposed Order re #21 Letter Granting Defendants' Request to be Excused from Mediation by County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan. (Kiniyalocts, Melissa) (Filed on 2/12/2008)
February 12, 2008 Filing 21 Letter from Melissa Kiniyalocts re Request to be Excused from Mediation. (Kiniyalocts, Melissa) (Filed on 2/12/2008)
January 23, 2008 Filing 20 Proposed Order Re Mediation Attendance by County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan. (Kiniyalocts, Melissa) (Filed on 1/23/2008)
January 23, 2008 Filing 19 Letter from Melissa Kiniyalocts, Tricia Hynes, and Robert R. Powell. (Kiniyalocts, Melissa) (Filed on 1/23/2008)
January 22, 2008 Set/Reset Hearings: Mediation Hearing set for 3/3/2008 at 09:00 AM at the law offices of Meyers, Nave, Riback, Silver & Wilson located at 555 12th St., Suite 1500, Oakland, CA. Written statements due ten (10) calendar days before the mediation. (cmf, COURT STAFF) (Filed on 1/22/2008)
December 14, 2007 Opinion or Order Filing 18 ORDER Continuing Case Management Conference from 12/17/207 to 3/17/2008. This is the final continuance of the case management conference. Joint Case Managment Statement due 3/7/2008. Further Case Management Conference set for 3/17/2008 10:00 AM. Please see Order for further specifics. Signed by Judge James Ware on 12/13/2007. (ecg, COURT STAFF) (Filed on 12/14/2007)
December 13, 2007 Filing 17 ADR Clerk's Notice Appointing James Hodgkins as Mediator. (cmf, COURT STAFF) (Filed on 12/13/2007)
December 7, 2007 Filing 16 NOTICE by Peter Prolo, Yamamura, City of Milpitas of Unavailability of Counsel (Hynes, Tricia) (Filed on 12/7/2007)
December 5, 2007 Opinion or Order Filing 15 STIPULATION AND ORDER REFERRING CASE to Mediation re #12 Stipulation and Proposed Order selecting Mediation filed by Kim Fredenburg, Sharon Burgan, County of Santa Clara, Yamamura, Peter Prolo, Alicia Cortez, Yasmina Letona, City of Milpitas, Matt Fredenburg. Signed by Judge James Ware on 12/5/2007. (ecg, COURT STAFF) (Filed on 12/5/2007)
December 5, 2007 Filing 14 JOINT CASE MANAGEMENT STATEMENT (Initial CMC) filed by Matt Fredenburg. (Powell, Robert) (Filed on 12/5/2007)
December 4, 2007 Filing 13 Certificate of Interested Entities (Hynes, Tricia) (Filed on 12/4/2007)
November 27, 2007 Filing 12 STIPULATION and Proposed Order selecting Mediation by Peter Prolo, Yamamura, Kim Fredenburg, Matt Fredenburg, County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan, City of Milpitas (Hynes, Tricia) (Filed on 11/27/2007)
October 30, 2007 Filing 11 ANSWER to Complaint with Jury Demand byPeter Prolo, Yamamura, City of Milpitas. (Hynes, Tricia) (Filed on 10/30/2007)
October 25, 2007 Filing 10 WAIVER OF SERVICE Returned Executed filed by Matt Fredenburg. Service waived by Yamamura waiver sent on 8/31/2007, answer due 10/30/2007. (Ingols, Dennis) (Filed on 10/25/2007)
October 25, 2007 Filing 9 WAIVER OF SERVICE Returned Executed filed by Matt Fredenburg. Service waived by Peter Prolo waiver sent on 8/31/2007, answer due 10/30/2007. (Ingols, Dennis) (Filed on 10/25/2007)
October 25, 2007 Filing 8 WAIVER OF SERVICE Returned Executed filed by Matt Fredenburg. Service waived by City of Milpitas waiver sent on 8/31/2007, answer due 10/30/2007. (Ingols, Dennis) (Filed on 10/25/2007)
October 16, 2007 Filing 7 ANSWER to Complaint with JURY DEMAND byCounty of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan. (Kiniyalocts, Melissa) (Filed on 10/16/2007)
September 7, 2007 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware. Magistrate Judge Richard Seeborg remians the Referral Judge for all discovery matters. Signed by The Executive Committee on 09/07/07. (tsh, COURT STAFF) (Filed on 9/6/2007)
September 7, 2007 Filing 5 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 9/7/2007)
September 6, 2007 Filing 4 Declination to Proceed Before a U.S. Magistrate Judge by Kim Fredenburg, Matt Fredenburg. (Ingols, Dennis) (Filed on 9/6/2007)
August 27, 2007 Filing 3 ADR SCHEDULING ORDER: Case Management Statement due by 12/5/2007. Case Management Conference set for 12/12/2007 02:30 PM. (bw, COURT STAFF) (Filed on 8/27/2007) Additional attachment(s) added on 8/27/2007 (bw, COURT STAFF).
August 27, 2007 Filing 2 Certificate of No Interested Parties or Related Actions by Kim Fredenburg, Matt Fredenburg (bw, COURT STAFF) (Filed on 8/27/2007) Additional attachment(s) added on 8/27/2007 (bw, COURT STAFF).
August 27, 2007 Filing 1 COMPLAINT for Violation of Civil Rights, False Arrest, Intentional Infliction of Emotional Distress (Summons Issued); jury demand; against all defendants ( Filing fee $ 350, receipt number 54611001598). Filed by Kim Fredenburg, Matt Fredenburg. (bw, COURT STAFF) (Filed on 8/27/2007) Additional attachment(s) added on 8/27/2007 (bw, COURT STAFF).
August 27, 2007 Summons Issued as to Peter Prolo, Yamamura, County of Santa Clara, Yasmina Letona, Alicia Cortez, Sharon Burgan, City of Milpitas. (bw, COURT STAFF) (Filed on 8/27/2007)
August 27, 2007 CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 8/27/2007)

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Search for this case: Fredenburg v. County of Santa Clara et al
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Interested party: Helen Fredenburg
Represented By: Dennis R. Ingols
Represented By: Robert Ross Powell
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Defendant: Peter Prolo
Represented By: Tricia L. Hynes
Represented By: Kevin E. Gilbert
Represented By: Kimberly E. Colwell
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Defendant: City of Milpitas
Represented By: Tricia L. Hynes
Represented By: Kevin E. Gilbert
Represented By: Kimberly E. Colwell
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Defendant: County of Santa Clara
Represented By: David Michael Rollo
Represented By: Melissa R. Kiniyalocts
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Defendant: Officier Yamamura
Represented By: Tricia L. Hynes
Represented By: Kevin E. Gilbert
Represented By: Kimberly E. Colwell
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Defendant: Alicia Cortez
Represented By: David Michael Rollo
Represented By: Melissa R. Kiniyalocts
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Defendant: Yasmina Letona
Represented By: David Michael Rollo
Represented By: Melissa R. Kiniyalocts
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Defendant: Sharon Burgan
Represented By: David Michael Rollo
Represented By: Melissa R. Kiniyalocts
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Plaintiff: Matt Fredenburg
Represented By: Kevin E. Gilbert
Represented By: Dennis R. Ingols
Represented By: Douglas D. Durward
Represented By: Robert Ross Powell
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Plaintiff: Kim Fredenburg
Represented By: Kevin E. Gilbert
Represented By: Dennis R. Ingols
Represented By: Douglas D. Durward
Represented By: Robert Ross Powell
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